Republic of the Philippines

denied. We are of the opinion that the will

SUPREME COURT Manila

was duly admitted to probate. In requiring

that each and every sheet of the will should

EN BANC

also be signed on the left margin by the

testator and three witnesses in the presence

DECISION

of each other, Act No. 2645 (which is the

November 12, 1919 G.R. No. L-13431 In re

one applicable in the case) evidently has for

will of Ana Abangan. GERTRUDIS

its object (referring to the body of the will

ABANGAN, executrix-appellee,

itself) to avoid the substitution of any of said

vs. ANASTACIA ABANGAN, ET AL.,

sheets, thereby changing the testator's

opponents-appellants. Filemon Sotto for

dispositions. But when these dispositions

appellants. M. Jesus Cuenco for

are wholly written on only one sheet signed

appellee. AVANCEA, J.:

at the bottom by the testator and three

witnesses (as the instant case), their

On September 19, 1917, the Court of First

signatures on the left margin of said sheet

Instance of Cebu admitted to probate Ana

would

Abangan's will executed July, 1916. From

requiring this signature on the margin, the

this decision the opponent's appealed. Said

statute took into consideration, undoubtedly,

document, duly probated as Ana Abangan's

the case of a will written on several sheets

will, consists of two sheets, the first of which

and must have referred to the sheets which

contains all of the disposition of the testatrix,

the testator and the witnesses do not have

duly signed at the bottom by Martin

to

Montalban (in the name and under the

interpretation would assume that the statute

direction of the testatrix) and by three

requires that this sheet, already signed at

witnesses. The following sheet contains

the bottom, be signed twice. We cannot

only the attestation clause duly signed at

attribute to the statute such an intention. As

the bottom

by the three instrumental

these signatures must be written by the

witnesses. Neither of these sheets is signed

testator and the witnesses in the presence

on the left margin by the testatrix and the

of each other, it appears that, if the

three witnesses, nor numbered by letters;

signatures at the bottom of the sheet

and

to

guaranties its authenticity, another signature

appellants' contention, are defects whereby

on its left margin would be unneccessary;

the probate of the will should have been

and

these

omissions,

according

be

sign

if

completely

at

they

the

do

purposeless.

bottom.

not

In

different

guaranty,

same

signatures, affixed on another part of same

Synthesizing our opinion, we hold that in a

sheet, would add nothing. We cannot

will consisting of two sheets the first of

assume that the statute regards of such

which

importance the place where the testator and

dispositions and is signed at the bottom by

the witnesses must sign on the sheet that it

the testator and three witnesses and the

would consider that their signatures written

second contains only the attestation clause

on

the

and is signed also at the bottom by the

authenticity of the sheet but, if repeated on

three witnesses, it is not necessary that

the margin, give sufficient security. In

both sheets be further signed on their

requiring that each and every page of a will

margins by the testator and the witnesses,

must be numbered correlatively in letters

or be paged. The object of the solemnities

placed on the upper part of the sheet, it is

surrounding the execution of wills is to close

likewise clear that the object of Act No. 2645

the door against bad faith and fraud, to

is to know whether any sheet of the will has

avoid substitution of wills and testaments

been removed. But, when all the dispositive

and to guaranty their truth and authenticity.

parts of a will are written on one sheet only,

Therefore the laws on this subject should be

the object of the statute disappears because

interpreted in such a way as to attain these

the removal of this single sheet, although

primordal ends. But, on the other hand, also

unnumbered, cannot be hidden. What has

one must not lose sight of the fact that it is

been

the

not the object of the law to restrain and

without

curtail the exercise of the right to make a

considering whether or not this clause is an

will. So when an interpretation already given

essential part of the will, we hold that in the

assures such ends, any other interpretation

one accompanying the will in question, the

whatsoever, that adds nothing but demands

signatures of the testatrix and of the three

more

witnesses on the margin and the numbering

useless and frustative of the testator's last

of the pages of the sheet are formalities not

will, must be disregarded. As another

required by the statute. Moreover, referring

ground for this appeal, it is alleged the

specially to the signature of the testatrix, we

records do not show that the testarix knew

can add that same is not necessary in the

the dialect in which the will is written. But

attestation clause because this, as its name

the circumstance appearing in the will itself

implies, appertains only to the witnesses

that same was executed in the city of Cebu

and not to the testator since the latter does

and in the dialect of this locality where the

not

testatrix was a neighbor is enough, in the

the

bottom

said

attestation

attest,

is

do

also

clause.

but

not

guaranty

applicable
Wherefore,

executes,

to

the

will.

contains

requisites

all

the

entirely

testamentary

unnecessary,

absence of any proof to the contrary, to

Arellano, C.J., Torres, Johnson, Araullo,

presume that she knew this dialect in which

Street and Malcolm, JJ., concur.

this will is written. For the foregoing

considerations, the judgment appealed from
is hereby affirmed with costs against the
appellants. So ordered.